/ JAFIUL ALAM : OFFICE: BAR ASSOCIATION ROOM NO. 11 ‘ADVOCATE, HIGH COURT, CALCUTTA CIO- MK, Associates 10, KS Roy Road, Ground Floor Kolkata - 700 001 PH saaasaeos(M) Advmsahc11@gmail.com ST To: To: The Ld Government Pleader Appellate Side Caloutta High Court Kolkata Re: MAT No. WPA No. 2366 of 2023 CAN No. 1 of 2023 Stay application Dr. Krishnendu Saha & Anr Versus- The state of west Bengal & Ors Respected Sir(s), Enclosed herewith a photo copy of the original writ application along with all annexure thereto in connection with the above matter which speaks for itself, Please take notice that the above mention matter will appear before the Hon'ble Justice Mr. Arijit Banerjee & The Hon'ble Mr. Justice Supratin Bhattacharya under heading motion on 02.01.2023 or soon thereafter or as and when the business of the court will permit. This is for your information record and taking necessary action. Please do the needful, Thanking you, Enclo: As above Yours faithfully, Dated: 22.12.2023 Md. Sabah Blouin :SYNOPSIS On 17.11.2023 the Learned Trial Judge passed the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon’ble Justice Kausik Chanda in W.P.A 25914 of 2023, in the matter of approaching the simply was dismissed with a liberty granted to the petitioners to approach the appropriate forum in accordance with law. ‘The appellants prefers this Mandamus Appeal by challenging the said order of the Learned Trial Judge on the ground that neither herein in view of the selection process which having been challenged by the appellants in the Writ Petition and the said Tribunal being available after 22.11.2023, the Learned Trial Judge ought to have granted prayer of the appellants and in absence thereof, the impugned order passed by the Leamed Trial Judge is wholly bad in law and the same is liable to be set aside and quashed;47.11.2023 LIST OF DATES ‘The Learned Trial Judge passed the impugned order with a direction upon the appellants to take requisite steps impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice Kausik Chanda in W.P.A 25914 of 2023, in the matter of approaching the Hon'ble High Court to direct the respondents to enroll the petitioner for participate in the selection process and the same was simply was dismissed with @ liberty granted to the petitioners to approach the appropriate forum in accordance with law. The appellants prefer this Mandamus Appeal by challenging the said order of the Learned ‘Trial Judge on the ground.DISTRICT: KOLKATA IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION (MANDAMUS) MEMORANDUM OF APPEAL FROM THE SERVER COPY OF THE ORDER MAT NOFA 2366 OF 2023 In the matter oft 1. Dr. Krishnendu Saha son of Late Jiban Krishna Saha, residing at 11/H/11/1, Paikpara Road Post Office Belgachia Police station Chitpur Kolkata 700 037. Dr. Chandrama Prasad Verma son of late Sukdev Prasad Verma residing at 15C Raod, Bamungachi, Post Office Salkia Police Station- Lilua District Howrah 711106.. Petitioners: -Versus- 1. The Principal Secretary, Department of Health & Family Welfare Government of West Bengal, Swasthya Bhawan, GN-29, Sector-V, Salt Lake City, Kolkata-700091. com 2. The Director General (AYUSH). Department of Health & Family Welfare, Government of West Bengal Swasthya Bhawan, GN-29, Sector-V, Salt Lake City, Kolkata-700091. ecy.wbhealt com 8. The Ayush Commissioner, Department of Health & Family Welfare, Government of West Bengal, Swasthya Bhawan, GN-29, Sector-V. Salt Lake city, Kolkata-700091 Jsayush2017@gmail.com4, The Director of Homoeopathy Department of Health & Family Welfare, Government of West Bengel, Swasthya Bhawan, GN-29, Sector-V, Salt Lake City, Kolkata-700091. dirhomoeo.ayush@gmail.com 5. The Secretary & Controller of Examinations, West Bengal Health Recruitment Board , BENFISH TOWER, 1* , 29¢ and 3° Floor, Sector-V, Salt Lake City Kolkata 91, whhealthrecruitmentboard@gmail.com ...Respondents Being aggrieved by and dissatisfied with the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice Kausik Chanda in W.P.A 25914 of 2023, the Appellants above named beg to prefer this Memorandum of Appeal on the following amongst other:- GROUNDS I. For that the impugned judgement and order passed by the LearnedI. In. ‘Trial Judge is wholly bad in law and the same is liable to be set aside and quashed; For that the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice Kausik Chanda in W.P.A 25914 of 2023 is bad in law as the petitioners are eligible candidates and exceptional educational candidates for sought for aged relaxation according to the direction of the judicial forum but no positive action has been taken from the side of the government and the Hon'ble single bench without applying his mind simply rejected the same. For that the parent Rule of 1983 and going through the advertisement of 2008 feel that, there was certainly some omission in the advertisement itself and for this reason to remove all controversy in future, we will direct the appointing authority to make explicit provision for age relaxation for exceptionally qualified candidates as per extant rules.” We hold after hearing the Ld. Advocates of all the side that even if there was no clause relating to age relaxation, the petitioners have easily filed application claiming such relaxation with reference to parent Rule of 1983.W. Advertisement provided that those who are declared as eligible by the government of India for the post of lecturer in the government Homeopathic Medical Colleges & Hospital could apply. We, however after going through the parent Rule of 1983 & going through the advertisement itself & for this reason to remove ail controversy in future, we will direct the appointing authority to make explicit provision for age relaxation for exceptionally qualified candidates as per extant rules but no positive action has been taken from their end most purposefully. For that as per provisions of section 21 the State was also entitled to appoint teachers on regular basis. Hence the advertisement published on June 28, 2008 does not offend any of the provisions of the said Act, 2002 or the Rules framed there under. It would have been better, the state would provide appropriate relaxation clause. ‘The Tribunal already directed them to mention such clause in the subsequent advertisement on the score. For that in the fourth issue is concerned it has been observed by the Hon'ble Division bench of Calcutta high court that “ theVIL. petitioners have crossed their age in view of the pendency of the 2008 advertisement and the protected litigations. It is for the state legislature to consider their fate in a peculiar circumstance as to whether they could be given appropriate age relaxation even beyond forty years. The court of law however is not entitled to give any direction on that score; we only observed that the government should look into the aspect dispassionately. For that In case the petitioners gets appropriate relaxation of age if they qualify for the post they should be considered in the next recruitment process for the existing vacancies including those twenty nine vacancies that would be arising in view of the forgoing judgment & order. For that right of application for employment of an eligible candidate cannot be denied in any manner, For that a selection process was initiated by the respondent no. V) ie, The Secretary & Controller of Examinations, West Bengal Health recruitment Board for filling up the post of HomoeopathicLecturer and The West Bengal Health Recruitment Board invites on line applications from eligible candidates for recruitment of 33 (Thirty three) Post of Homoeopathic Lecturer under West Bengal Homoeopathic Education Service in 4 (four) Govt. Homoeopathic Medical College @ Hospital throughout the West Bengal under Health & Family Welfare Department, AYUSH BRANCH, Government of West Bengal and to that effect an advertisement dated 16.10.2023 was published in the website of the West Bengal Health recruitment Board whereby it has been mentioned that only online registration and submission of application will be allowed at the official website of WBHRB (www.wbhrb.in} from 17.10.2023 (10.00 Am) to 17.11.2023 {02.00PM } details of the eligibility, scale of pay , other conditions advertisement etc., will be available in West Bengal Health recruitment Board i.e, www.wbhrb.in but the Ink is not opened in any manner. For that in terms of the said advertisement your petitioners made their best efforts for making online registration and submission of their application at the official website of WBHRB (www.wbhrb.in! but the said official website is not open for online registration andsubmission of application which compelling them to apply for offline and accordingly both the petitioners submitted their application before the Secretary & Controller of Examinations, West Bengal Health recruitment Board and the same was duly accepted by the authority concerned, For that even in the amended provisions of 2007, it was made clear that the terms and conditions as contained in the Homoeopathy (Minimum Standard of Education) Regulations 1983 of The Central Council of Homoeopathy shall remain in force and in such manner as described in the said Regulation of 1983, This provision was brought in by amending provisions of Section 21 of the parent Act. It is also pertinent to mention herein that the Homoeopathy (Minimum Standard of Education) Regulations 1983, clearly stipulates of giving relaxation of 5 years to those candidates who are exceptionally qualified persons having Post Graduation Degree in Homoeopathy and must have Professional Experience of 4 years. It is pertinent to mention herein that your petitioners are having all the requisite qualification and experience as mentioned hereinabove.For that in terms of the aforementioned Rules and Regulations as well as the direction dated 09.09.20211 passed in O.A. No. 5811 of 2008 as well as the order dated 02.11.2011, 08.11.2011 and 29.11.2011 passed in WPST 246 of 2011 the petitioners should get a fresh chance in the subsequent selection process, For that the petitioners have crossed their age in view of the pendency of the 2008 advertisement and the protected litigations. It is for the state legislature to consider their fate in a peculiar circumstance as to whether they could be given appropriate age relaxation even beyond forty years. The court of law however is not entitled to give any direction on that score; we only observed that the government should look into the aspect dispassionately. . For that in case the petitioners gets appropriate relaxation of age if they qualify for the post they should be considered in the next recruitment process for the existing vacancies including those twenty nine vacancies that would be arising in view of the forgoing judgment & order, and hence new cause of action arose and10 accordingly they should be considered for their online registration so that the petitioners can submitted their application within prescribed period. XIV. For that the respondent authorities illegally and arbitrarily not allowing the petitioners for making online registration and submission of application for filling up the post of Homoeopathic Lecturer and ‘the West Bengal Health Recruitment Board invites on line applications from eligible candidates for recruitment of 33 (Thirty three) Post of Homoeopathic Lecturer under West Bengal Homoeopathic Education Service in 4 (four) Govt. Homoeopathic Medical College & Hospital throughout the West Bengal under Health & Family Welfare Department. AYUSH BRANCH, Government of West Bengal most erroneously, and arbitrary manner. ‘XV. For that the right of application for employment for the post of lecturer under the Government College in accordance with law cannot be denied.XVII. n For that the respondent authorities ought to had followed the recruitment rules framed under Article 309 of the Constitution of India and the eligibility criterion so mentioned in the advertisement dated 16.10.2023, For that the last date of closing of the advertisement on 17.11.2023 at 2PM and the in the Puja vacation leave was prayed for filing the writ petition before the Hon’ble High Court as there was urgency and the Hon’ble Vacation was interalia pleased to grant leave and the same was filed in the Puja vacation and the natter was fixed on 16.11.2023 but the matter was not heard and on 17.11.2023 the matter was simply was dismissed with a liberty granted to the petitioners to approach the appropriate forum in accordance with law most erroneously which is not applicable in the case of the appellants as alleged or at all and as such the impugned judgment and order passed by the Learned Trial Judge is neither legal nor valid in the eye of law and more so, the impugned judgment and order suffers from serous illegality and the same is liable to be set aside and quashed;XVII. For that the Learned ‘Trial Judge failed to appreciate that the petitioners having approached the Hon'ble Court praying for the Learned Trial Judge erred in law in making the impugned order causing serious prejudice on the ground as during the Puja Vacation the Ld Administrative Tribunal was not function and started functioning 22.11.2023 onwards and as such, for approaching the WBAT nor the appellants can avail of the remedy as per the impugned order in view of the absurdity of the impugned order passed by the Learned Trial Judge and in the context thereof, the impugned judgment and order passed by the Learned Trial Judge is liable to be set aside and quashed; XIX. For that the Learned ‘Trial Judge failed to appreciate that Article 226 of the Constitution of India having provided in the Constitution of India for exercising the power by the Hon’ble High Court to issue Writs in the manner as provided therein and even in the case of emergency situation, the High Court has been vested with such power for coming to the aid of the citizens in the circumstances like that of the nature in the case of the appellants and the Learned Trial Judge having ignored the said situation of the appellants and3 having passed an order in a manner which cannot be acted upon because of its absurdity in nature and in the context thereof, the impugned order passed by the Learned Trial Judge is not only bad and illegal and the same is liable to be set aside and quashed; For that the Learned Trial Judge failed to appreciate that Article 226 of the Constitution of India having vested with powers for its exercise by the High Court in appropriate cases having extreme urgency like that of the case of the appellants herein in view of the selection process which having been challenged by the appellants in the Writ Petition and the said Tribunal being available after 22.11.2028, the Learned Trial Judge ought to have granted prayer of the appellants and in absence thereof, the impugned order passed by the Learned Trial Judge is wholly bad in law and the same is liable to be set aside and quashed; . For that the impugned order passed by the Learned Trial Judge is otherwise bad in law and the same is liable to be set aside and quashed.4 List of papers: 1, This Memo wel 2. Certified copy of the Judgment and Order wed 3. Second Judges’ Copy Total ~ (Three numbers}. Advocate.Constitutional Writ Jurisdiction Appellate side DISTRICT: KOLKATA IN THE HIGH COURT AT CALCUTTA 3 a WPA. No. 986} i4et 2 1 | And 2024, In the Matter oft An Application under Article 226 of the Constitution of India. And In the Matter of: 1, Dr. Khrisnendu Saha son of Late diben Krishna Saha, residing at 11/H/11/1, Paikpara Road, Post Office- Belgachia, Police Station- Chitpur, Kolkata 700 037 2. Dr. Chandrama Prasad Verma son of late Sukdev Prasad Verma, residing at 15 C, Road, Bamunghaci, Post Office- Salkia, Police Station Lilua, District Howrah, 711106. VersusThe Shake of comb Qaye munis feos JG. The — Principal “Secretary, Department of Health & Family Welfare Governmnent of West Bengal, Swasthya Bhawan, GN-29, Sector-V, Salt Lake City, Kollcata-700091. ii] The Director General (AYUSH). Department of Health & Family Welfare, Government of West Bengal Swasthya Bhawan, GN-29, Sector-V, Salt Luke City, Kolleata-700091. iii) The ayush Commissioner, Department of Health & Family Welfare, Government of West Bengal, Swesthya Bhawan, GN-29, Sector-V. Salt Lake City, Kolkata-700091 iy| The Director of Homoeopathy Department of Health & Family Welfare, Government of West Bengal, Swasthya Bhawan, QN-29, Sector-V, Salt Lake City, Kollcata-700091. v) The Secretary & Controller of Examinations, West Bengal Health recruitment Board, BENFISH TOWER, 1s, 2¢ & 3% Floor, GN 31, Sector-V, Salt Lake City, Kolleata 700091.sw Respondents, apeMs. Rating by Oe ‘0 Advacata Baral) Gato No, Ollice nows, reports, Orders or proceedings with signature 2 47.14.2023 ap 52 WPA 25914 of 2023 Dr. Krishnendu Saha & Anr. Vs. State of West Bengal & Ors. Mr. Abhijit Chatterjee . For the petitioners. Mr. Bhaskar Prasad Vaisya, AGP, Mr. Nilay Baran Mandal For the State. Since the petitioners want to be appointed under West Bengal Homeopathic Education. Service, this writ petition is not maintainable in this Court. Accordingly, WPA 28914 of 2023 is dismissed with the liberty granted to the petitioners to approach the appropriate forum in accordance with law. . Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with the requisite formalities. Shp Kr Chandar, (Kausik Chanda, J.)District: Kolkata In the High Court at Cateutta Civil Appellate Jurisdiction (Mandamus) Memorandum of Appeal from the Server copy of the Order No. of 2023 In the matter oft Khrisnendu Saha & Anr. v. Appellants -Versus- ‘The State of West Bengal Ors. .-Respondents. MEMORANDUM OF APPEAL Mr, Advocate, 10, Kiran Sankar Roy Road (Ground Floor}. Kolkata - 700 001. Mobile No. 9830035037 (Whatsapp). Enrolment No. Email -2B ‘SYNOPSIS On 17.11.2028 the Learned Trial Judge passed the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon’ble Justice Kausik Chanda in W.P.A 25914 of 2023, in the matter of approaching the simply was dismissed with a liberty granted to the petitioners to approach the appropriate forum in accordance with law. ‘The appellants préfers this Mandamus Appeal vy challenging the said order of the Learned Trial Judge on the ground that neither herein in view of the selection process which having been challenged by the appellants in the Writ Petition and the said Tribunel being available after 22.11.2023, the Learned ‘Trial Judge ought to have granted prayer of the appellants and in absence thereof, the impugned order passed by the Leamed Trial Judge is wholly bad aw and the same is liable to be set aside and quashed;17.11.2023 24 LIST OF DATES ‘The Learned Trial Judge passed the impugned order with @ direction upon the appellants to take requisite steps impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice’ Kausile Chanda in W.P.A 25914 of 2023, in the matter of approaching the Hon'ble High Court to direct the respondents to enroll the petitioner for participate in the selection process and the same was simply was dismissed with a liberty granted to the petitioners to approach the appropriate forum in accordance with law. The appellants prefer this Mandamus Appeal by challenging the said order of the Learned Trial Judge on the ground.DISTRICT: KOLKATA IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION {MANDAMUS} In the matter oft MAT No. 2366 of 2023; And in the matter oft And- CAN NO of 2023; And- In the matter oft An Application for stay And In the matter of: 1. Dr. Krishnendu Saha son of Late Jiban Krishna Saha, residing at LI/H/11/1, Pailkpara Road PostOffice Belgachia Police station Chitpur Kolkata 700 037. 2. Dr, Chandrama Prasad Verma son of late Sukdev Prasad Verma residing at 15C Raod, Bamungachi, Post Office Salkia Police Station- Lilua District Howrah 711106. . Petitioners -Versus- 1. ‘The Principal Secretary, Department of Health & Family Welfare Government of West Bengal, Swasthya Bhawan, GN-29, Sector- V, Salt Lake City, Kolkata-700091. prin.secy.wohealth@gmail.com 2. The Director General (AYUSH). Department of Health & Family Welfare, Government of West Bengal Swasthya Bhawan, GN-29, Sector- V, Salt Lake City, Kolkata-700091.prin.secy.wbhealth@gmail.com 3. The Ayush Commissioner, Department of Health & Family Welfare, Government of West Bengal, Swasthya Bhawan, GN-29, Sector-V. Salt Lake city, Kolkata- 700091 jsayush2017@gmail.com 4, The Director of Homoeopathy Department of Health & Family Welfare, Government of West Bengal, Swasthya Bhawan, GN-29, Sector-V, Salt Lake City, Kolkata- 700091. dirhomoeo.ayush@gmail.com 5. The Secretary & Controller of Examinations, West Bengal Health Recruitment Board , BENFISH TOWER, 1* , 2° and 3 Floor, Sector-V, Salt Lake City Kolkata 91. whbhealthrecruitmentboard@gmail.com.Respondents To, ‘The Hon'ble T. S. Sivagnanam, Chief Justice and His Companion Justices of the said Hon'ble Court. The humble petition of the appellants/Petitioners above named most respectfully- SHEWETH:- 1." That the Appellants/Petitioners (hereinafter referred to as the petitioners) state that the petitioners had approached the respondent authority being no.5 allowing the petitioners to registration their name for applying the petitioners for allowing them to appears in the selection process in a a selection process was initiated by the respondent no. V) ie, The Secretary & Controller of Examinations, West Bengal Health recruitment Board for filling up the post of Homoeopathic Lecturer and The West Bengal Health Recruitment Board invites on line applications from eligible candidates forrecruitment of 33 (Thirty three) Post of Homoeopathic Lecturer under West Bengal Homoeopathic Education Service in 4 (four) Govt. Homoeopathic Medical College & Hospital throughout the West Bengal under Health & Family Welfare Department. AYUSH BRANCH, Government of West Bengal and to that effect an advertisement dated 16.10.2023 was published in the website of the West Bengal Health recruitment Board whereby it has been mentioned that only online registration and submission of application will be allowed at the official website of WBHRB (www.wbhrb.in} from 17.10.2023 (10.00 Am) to 17.11.2023. (02.00PM } details of the eligibility, scale of pay , other conditions advertisement ctc., will be available in West Bengal Health recruitment Board i.e,, www.wbhrb.in but the link is not opened in any manner. 2. That your petitioners states that aggrieved by and dissatisfied with the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon’ble Justice Kausik Chanda in W.P.A 25914 of 2023, 3. That your petitioners states that the impugned judgement and order passed by the Learned Trial Judge is wholly bad in law and the same is liable to be set aside and quashed;4, That your applicants state that the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice Kausik Chanda in W.P.A 25914 of 2023 is bad in law as the petitioners are eligible candidates and exceptional educational candidates for sought for aged relaxation according to the direction of the judicial forum but no positive action has been taken from the side of the government and the Hon'ble single bench without applying his mind simply rejected the same. 5. That your petitioners state that the parent Rule of 1983 and going through the advertisement of 2008 feel that, there was certainly some omission in the advertisement itself and for this reason to remove all controversy in future, we will direct the appointing authority to make explicit provision for age relaxation for exceptionally qualified candidates as per extant rules.” We hold after hearing the Ld. Advocates of all the side that even if there was no clause relating to age relaxation, the petitioners have easily filed application claiming such relaxation with reference to parent Rule of 1983. Advertisementprovided that those who are declared as eligible by the government of India for the post of lecturer in the government Homeopathic Medical Colleges & Hospital could apply. We, however after going through the parent Rule of 1983 & going through the advertisement itself & for this reason to remove all controversy in future, we will direct the appointing authority to make explicit provision for age relaxation for exceptionally qualified candidates as per extant rules but no positive action has been taken from their end most purposefully. 6. That your petitioners state that as per provisions of section 21 the State was also entitled to appoint teachers on regular basis. Hence the advertisement published on June 28, 2008 does not offend any of the provisions of the said Act, 2002 or the Rules framed there under. it would have been better, the state would provide appropriate relaxation clause. The Tribunal already directed them to mention such clause in the subsequent advertisement on the score. 7. That your petitioners state that in the fourth issue is concemed it has been observed by the Hon'ble Division bench of Calcutta high court that * the petitioners have crossed their age in view of the pendency ofthe 2008 advertisement and the protected litigations. It is for the state legislature to consider their fate in a peculiar circumstance as to whether they could be given appropriate age relaxation even beyond forty years. The court of law however is not entitled to give any direction on that score; we only observed that the government should look into the aspect dispassionately, 8. That your petitioners state that in case the petitioners gets appropriate relaxation of age if they qualify for the post they should be considered in the next recruitment process for the existing vacancies including those twenty nine vacancies that would be arising in view of the forgoing judgment & order and right of application for employment of an eligible candidate cannot be denied in any manner. 9. That your petitioners state that a selection process was initiated by the respondent no. V) ie,, The Secretary 8 Controller of Examinations, West Bengal Health recruitment Board for filling up the post of Homoeopathic Lecturer and The West Bengal Health Recruitment Board invites on line applications from eligible candidates forrecruitment of 33 (Thirty three} Post of Homocopathic Lecturer under West Bengal Homoeopathic Education Service in 4 (four) Govt. Homogopathic Medical College & Hospital throughout the West Bengal under Health & Family Welfare Department. AYUSH BRANCH, Government of West Bengal and to that effect an advertisement dated 16.10.2023 was published in the website of the West Bengal Health recruitment Board whereby it has been mentioned that only online registration and submission of application will be allowed at the official website of WBHRB (www.wbhrb.in} from 17.10.2023 (10.00 Am) to 17.11.2023 (02.00PM } details of the eligibility, scale of pay , other conditions advertisement etc., will be available in West Bengal Health recruitment Board i.c., www.wbhrb.in but the link is not opened in any manner. 10. That your petitioners state that in terms of the said advertisement your petitioners made their best efforts for making online registration and submission of their application at the official website of WBHRB (www.wbhrb.in) but the said official website is not open for online registration and submission of application which compelling them to10 apply for offline and accordingly both the petitioners submitted their application before the Secretary & Controller of Examinations, West Bengal Health recruitment Board and the same was duly accepted by the authority concerned. 11. That your petitioners state that even in the amended provisions of 2007, it was made clear that the terms and conditions as contained in the Homoeopathy (Minimum Standard of Education) Regulations 1983 of The Central Council of Homoeopathy shall remain in force and in such manner as described in the said Regulation of 1983. This provision was brought in by amending provisions of Section 21 of the parent Act, It is also pertinent to mention herein that the Homoeopathy (Minimum Standard of Education) Regulations 1983, clearly stipulates of giving relaxation of 5 years to those candidates who are exceptionally qualified persons having Post Graduation Degree in Homoeopathy and must have Professional Experience of 4 years. It is pertinent to mention herein that your petitioners are having all the requisite qualification and experience as mentioned hereinabove.nw 12, That your petitioners state that in terms of the aforementioned Rules and Regulations as well as the direction dated 09.09.20211 passed in O.A. No. 5811 of 2008 as well as the order dated 02.11.2011, 08111.2011 and 29.11.2011 passed in WPST 246 of 2011 the petitioners should get a fresh chance in the subsequent selection process. 13, That your petitioners state that the petitioners have crossed their age in view of the pendency of the 2008 advertisement and the protected litigations. It is for the state legislatiire to consider their fate in a peculiar circumstance as to whether they could be given appropriate age relaxation even beyond forty years. The court of law however is not entitled to give any direction on that score; we only observed that the government should look into the aspect dispassionately. 14. That your petitioners state that in case the petitioners gets appropriate relaxation of age if they qualify for the post they should be considered in the next recruitment process for the existing vacanciesincluding those twenty nine vacancies that would be arising in view of the forgoing judgment & order, and hence new cause of action arose and accordingly they should be considered for their online registration so that the petitioners can submitted their application within prescribed period. 15. That your petitioners state that the respondent authorities illegally and arbitrarily not allowing the petitioners for making online registration and submission of application for filing up the post of Homoeopathic Lecturer and The West Bengal Health Recruitment Board invites on line applications from eligible candidates for recruitment of 33 (Thirty three) Post of Homoeopathic Lecturer under West Bengal Homoeopathic Education Service in 4 (four) Govt. Homoeopathic Medical College & Hospital throughout the West Bengal under Health & Family Welfare Department. AYUSH BRANCH, Government of West Bengal most erroneously, and arbitrary manner.B 16. That your petitioners state that the right of application for employment for the post of lecturer under the Government College in accordance with law cannot be denied. 17. That your petitioners state that the respondent authorities ought to had followed the recruitment rules framed under Article 309 of the Constitution of India and the eligibility criterion so mentioned in thé advertisement dated 16.10.2023. 18. That your petitioners state that the last date of closing of the advertisement on 17.11.2028 at 2PM and the in the Puja vacation leave was prayed for Bling the writ petition before the Hon’ble High Court as there was urgency and the Hon'ble Vacation was interalia pleased to grant leave and the same was filed in the Puja vacation and the natter was fixed on 16.11.2023 but the matter was not heard and on 17.11.2023 the matter was simply was dismissed with a liberty granted to the petitioners to approach the appropriate forum in accordance with law most erroneously which is not applicable in the case of the appellants as alleged or at all and as such the impugned judgment and14 order passed by the Learned Trial Judge is neither legal nor valid in the eye of law and more so, the impugned judgment and order suffers from serous illegality and the same is liable to be set aside and quashed; 19. That your petitioners state that the Learned Trial Judge failed to appreciate that the petitioners having approached the Hon'ble Court praying for the Learned Trial Judge erred in law in making the * impugned order causing serious prejudice on the ground as during the Puja Vacation the Ld Administrative Tribunal was not function and started functioning 22.11.2023 onwards and as such, for approaching the WBAT nor the appellants can avail of the remedy as per the impugned order in view of the absurdity of the impugned order passed by the Learned Trial Judge and in the context thereof, the impugned judgment and order passed by the Learned Trial Judge is liable to be set aside and quashed; 20. That your petitioners state that the Learned Trial Judge failed to appreciate that Article 226 of the Constitution of India having provided5 in the Constitution of India for exercising the power by the Hon'ble High Court to issue Writs in the manner as provided therein and even in the case of emergericy situation, the High Court has been vested with such power for coming to the aid of the citizens in the circumstances like that of the nature in the case of the appellants and the Learned Trial Judge having ignored the said situation of the appellants and having passed an order in a manner which cannot be acted upon ecause of its absurdity in nature and in the context thereof, the impugned order passed by the Learned Trial Judge is not only bed and illegal and the same is liable to be set aside and quashed; 21. That your petitioners state that the Learned Trial Judge failed to appreciate that Article 226 of the Constitution of India having vested with powers for its exercise by the High Court in appropriate cases having extreme urgency like that of the case of the appellants herein in view of the selection process which having been challenged by the appellants in the Writ Petition and the said Tribunal being available after 22.11.2023, the Learned Trial Judge ought to have granted prayer of the appellants and in absence thereof, the impugned order passed by16 the Learned Trial Judge is wholly bad in law and the same is liable to be set aside and quashed; 22, That your petitioners state that the impugned order passed by the Learned Trial Judge is otherwise bad in law and the same is liable to be ~ set aside and quashed. 23. The petitioner states that the Learned Trial Judge failed to appreciate the case of the petitioners nor the appellants can avail of the remedy as per the impugned order in view of the absurdity of the impugned order" passed by the Learned Trial Judge and in the context thereof, the impugned judgment and order passed by the Learned Trial Judge is liable to be set aside and quashed. 24, The petitioner states that the Learned Trial Judge failed to appreciate that Article 226 of the Constitution of India having provided in the Constitution of India for exercising the power by the Hon'ble High Court to issue Writs in the manner as provided therein and even in the case of emergency situation, the High Court has been vested with such power for coming to the aid of the citizens in the circumstances like thatv7 of the nature in the case of the appellants and the Learned Trial Judge having ignored the said situation of the appellants and having passed an order ina manner which cannot be acted upon because of its absurdity in nature and in the context thereof, the impugned order passed by the Learned Trial Judge is not only bad and illegal and the same is liable to be set aside and quashed. 25. The petitioner states that the Learned Trial Judge failed to appreciate that Article 226 of the Constitution of India having vested with powers for its exercise by the High Court in appropriate cases having extreme urgency like that of the case of the appellants herein the Learned Trial Judge ought to have granted limited injunction the impugned order passed by the Learned Trial Judge is wholly bad in law and the same is liable to be set aside and quashed. 26. The petitioners state that challenging the legality and validity of the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice Kausik Chanda in W.P.A25914 of 2023, the petitioners petitioners preferred a Mandamus Appeal being SAT no. 2366 of 2023 which is still pending for adjudication before this Hon'ble Court.te 18 22.The petitioners state that there is a fair chance of success in said Mandamus appeal. 23. That unless the respondents are restrained by an order of Injunction from giving effect or further effect to the impugned Judgment and Order dated 17.11.2028 passed by His Lordship the Hon’ble Justice Kausik Chanda in W.P.A25914 of 2023, the petitioners will suffer irreparable loss and injury. 24, That unless the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice Kausik Chanda in W.P.A25914 of 2023 is stayed, the petitioners will suffer irreparable Joss and injury. 25. That the balance of convenience or inconvenience lies in favour of the petitioners. 26. That this application is made bonafide & for the interest of justice Under the circumstances the petitioners pray19 that Your Lordships would be graciously pleased to— a) Issue a Rule calling © upon the respondents to show- cause why pending MAT —No.2366 of 2023 the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon’ble Justice Kausik Chanda in - W.P.A25914 of 2023 of 2023 should not be stayed; b) Stay of operation of the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the Hon'ble Justice Kausik Chanda in W.P.A25914 of 2023; ¢) Injunction restraining the respondents from giving effect or further éffect to the impugned Judgment and Order dated 17.11.2023 passed by His Lordship the20 Hon'ble Justice Kausik Chanda in W.P.A25914 of 2023 4) Call for the records and after perusing the causes causes that may be be shown make the Rule absolute; e} And/or to pass such other or further further order or orders as our Lordships may deem fit and proper; and ( Pending hearing of the Rule, grant an ad-Interim order of Stay in terms of prayers (b) and (c) above. ‘Aud the petitioners, as in duty bound, shall ever pray.a AFFIDAVIT 1,.Dr. Chandrama Prasad Verma son of late Sukdev Prasad Verma aged about 51 years, by Faith ~ Hindu, by Occupation ~ contractual service residing at 15C Raod, Bamungachi, Post Office Salkia Police Station- Lilua District Howrah 711106,, do hereby solemnly affirm and say as follows: 1. That’I am the petitioner No.2 above named and as such | am well acquainted with the facts and circumstances of the case. I have been duly authorised by the petitioner no.i to sign and swear this Affidavit and as such ] am competent to do the same for self and on her behalf. 2, That the statements made in paragraphs 1 to and are true to my knowledge, except those made in paragraphs are my humble submissions before the Hon’ble Court. a. Prepared in my office The Deponent is known to me ce Clerk to: Mr. gy Advocate Advocate Solemnly affirmed before me on this 1? day of December, 2023, Certified that all annexures are legible. ue Advocate bee CommissionerBR eo SYNOPSIS. ‘The instant writ application has been filed due to illegal act on the part of the authority concerned for the respondent get in derogation to the specific provi without opening the linle of the website of WBHRB (yww.wbhrb,in) by the respondent no. V. The Secretary & Controller of Examinations, wn of the statute for conducting a selection proces ‘west Bengal Health recruitment Board for online registration and submission of application of the petitioners for recruitment of 33 {thirty three) Post of Homoeopathic Lecturer under West Bengal Homoeopathic Education Service in 4 (four) Govt Homoeopathic Medical College & Hospital throughout the West Bengal under Health 4 Family Welfare Department, AYUSH BRANCH, Goverament of West Bengal prior to 17.11.2023. Can the respondent withhold the legitimate claim of the petitioners for ignoring the grievances made out in the pending representation and made an attempt to non suit the petitioners in the instant case and writ petition would be infractious ?. Whether respondent authorities are justified in their action for not opening the link of the website of WBHRB www. whhrb in)2 23 DISTRICT: KOLKATA IN THE HIGH COURT AT CALCUTTA, Constitutional Writ Jurisdiction Appellate side WPA. No. of 2023 In the matter of ‘An application under article 226 of the constitution of India In the matter of: Dr. Khrisnendu Saha & Ant -»Petidoners. Versus State of West Bengal & Ors. Respondents INDEX SLNo. | Description of the documents | Annemire Pages T | Writ Petition “| Biiote copy of the advertisement of 2008 Photo copy of the order dated 09.09.2011 passed in 0.8. No. $811 of 2008 4 | Photocopy of the order dated 02.11.2011, 08.11.2011 and 29.11.2011 passed in WPST - 246 of 2011. — $7 [Photocopy of the said order dated 29.08.2017 passed in civil appeal no. 3335 of 2017, Photo copy of the said advertisement date 16.10.2023 | published in the official __. \32 24 DISTRICT: KOLKATA INTHE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate side W.P.A, No. of 2023 Subject matter relating tor surance Beat Cot BF yy West Bengal BRgbsay ‘Act, 1964 The Under Group,fi Head (1) of the re ar SNE eet, eee ‘Cause Title: Dr. Khrisnendu Saha & Anr. .. Petitioners. Versus: State of West Bengal & Ors. Respondents TS cabcheweice Advocate-on-Record. High Court, Caleutia Bar Association, Room No, 12 Mob: 8334898606 , , Email: abhi plekdinGamsi.com2” 25 SHORT LIST OF DATES Date particulars 2008 advertisement was made 2008 QA 5811 of 2008 was filed 09,09.2011 ‘ribunal passed an order in OA S811 of 2008 02.11.2011, 08.11.2011 and 29,11.2015 final order was passed in WPST 246 of 2011 29.08.2017 SLP was disposed 16.10.2023 advertisement was issued by the Secretary & Controller of Examinations, West Bengal Health recruitment Board for _ontine registration and submission of application 93.11.2023 06.1.2023 offline application was submitted through email as well as by speed post‘website of WBHRB (uu wbinrb jo 7 Photocopy of the said application for filing up for the post of Lecturers along with the postal receipts, aLIST OF DATES Date particulars 2008 advertisement was made 2008 OA 5811 of 2008 was filed 99.09.2011 ‘Tribunal passed an order in OA SB11 of 2008 02.11.2011, 08.11.2011 and 29.11.2011 fina) order was passed in WPST 246 of 2011 29.08.2017 SLP was disposed 16.10.2023 advertisement was issued by the Secretary & Controller of Examinations, West Bengal Health recruitment Board for online registration and submission of application 03.11.2023 96.1,2023 offiine application wos submitted through email as well as by speed! postLAW POINTS INVOLVED. 1. Can the respondent act in derogation to the specific provision of the statute for condveting a selection process without opening the Aink of the ‘website of WBHRB (wsewsybheh.in) by the respondent no: Vv. The Secretary & Controller of Bxaminations, West Bengal Health reeraitment Board for online registration and submission of application of the petitioners for recruitment of 33 (Thirty three} Post of Homoeopathic Lecturer under West Bengal Homocopathic Education Service in 4 (four) Govt. Homoeopathic Medical College & Hospital throughout the West Bengel under Health & Family Welfare Dopartment, AYUSH BRANCH, Government of West Bengal prior to 17.11.2023. tk Can the respondent withhold the legitimate claim of the petitioners for ignoring the grievances made out in the pending representation and made an attempt to non suit the petitioners in the instant case and wril petition would be infractions ? IIL, Whether respondent authorities are justified in their action for not opening the of the website of WBHRB (swt swbhrbin}1 293 8 DISTRICT: KOLKATA 8 a IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction 2° Appeliate side ae W.P.A. No. of 2023 And In the Matter oft ‘An Application under Article 226 of the Constitution of India. And In the Matter of: 1. Dr. Khrisnendu Saha son of Late Jiban Krishna Saha, residing at LI/H/11/1, Paikpara Road, Post Office: Belgachia, Police Station: Chitpur, Kolkata 700 037. 2. Dr. Chandrama Prasad Verma son of laie Sukdev Prasad Verma, residing at 18 C, Road, Bamunghaci, Post Office: Selkia, Police Station Lilua, District Howrah, 711106. Petitioners Versus2 30 1. The Principal Secretary, Department of Health & Family Welfare Government of West Bengal, Swasthya Bhawan, GN-29, Sector-Vy Salt Lake City, Kolkata-700091. fi) The Director General (AYUSH)- Department of Health & Family Welfare, Government of West Bengal swasthya Bhawan, GN-29, Sector-V, Salt Lake City, Kollcata-70009}. iii) The Ayash Commissioner, Department of Health & Family Weitare, Government of West Bengl Swasthya Bhawan, GN-29, Sector-V- galt Lake City, Kolleata-70009 ju} The Director of Homocopathy Department of Health & Family welfare, Government of west Bendel swasthya Bhawan. GN-29, Sector-V, galt Lake City, Kolkata-700091 vy) The Secretary & Conwoller of Examinations, west Bengal Health reoraitment Board, BENFISH TOWER, 1s, and & 3% Floor, GN SIs sector-Vs galt Lake City, Kolkata 700091,BL -Respondents, To The Hon'ble 7.8, Sivagnanam Chief Justice and His Companion Justices of the said Hon'ble Court, ‘The humble petition of the Petitioners above named most respectfully - 1. Your Petitioners state that your Petitioners are citizens of India and having their permanent residence at the address as mentioned in the cause title of the instant writ petition, 2. Your Petitioners state that the respondents are instrumentalities of State within the meaning of Article 12 of the Constitution of india and are amenable to the writ jurisdiction of this Hon'ble Court, 8. Your Petitioners state thet your petitioners are the eligible candidates for filing up the post of Homoeopathic Lecturer and The West Bengal Health Recruitment Board invites on line applications from eligible candidates for recruitment of 33 (Thirty three) Post of Homocopathic Lecturer under West Benga! Homoeopathic Education Service in 4 (four] Govt. Homoeopathic Medical College & Hospital ‘throughout of West Bengal under Health & Family Welfare Department. AYUSH BRANCH, Government of West Bengal, 4. That your petitioners state that in terms of the advertisement dated 28.06.2008 the Government of West Bengal, Department of Health and Family Welfere made an advertisement for the post of Lecturer in Government Homoeopathic Medical Colleges and4 3h Hospitels. 1t was clearly mentioned in the said ‘Advertisements that candidates must possess post graduate qualification jn Homoeopathy or Degree in Homoeopathy with 4 years: Professional Experience from recognized university oF institute established by 1O8 of a Board /Examining Body of Homoeopathic Medicine. I case of allied Medical subject © Post eradust® qualification in Homocopathy oF Degree in Homoeopatiy vith 4 years Professional Experiene®: Your petitioners further state Ut they had the requisite qualification such as Post Graduation JF Homoeopathy and tne requisite teaching txperience as well 25 the applicant not also had publication in the concerned subject of pharmacy. Both the petitioner is the exceptional qualified candidates and aligible for the post: ‘your petitioners Pray ‘crave to produce all the relevant decree or the concerned subject of the petitioners at the Hime of hearing if necessary required. 5, That at the materiel posit of time iP the age relaxation for exceptionally candidates/ highly qualified candidates "et mentioned by the National Commission for Homeopathy in the advertisement for the post of Lecturer in 2008. 6, That your petitioners st2l6 that a selection process fF filling UP the: post of fecturers wos monducted by te authority concerned in 7.That your petitioners state that in terms of te said Advertisement gated 28.00.2008, YOUr petitioners applied ‘pefore the concerned authority for the post of Lecturer in Momeopathy Pharmocy having, all the requisite qualification 38 sought for. It #8 ols0 pertinent 0mention herein that even after having the requisite qualification, but, not being called in for the interview. Your petitioners moved an application being OA No. 5811 of 2008 before the Learned West Bengal Administrative Tribunal for allowing the petitioner to Participate in the snid selection process for filling up the post of lecturers. called in for the interview, your petitioners moved an Original Application being O.A. No, 5811 of 2008, before This Hon'ble Tribunal. The said application was fixed on 08.09.2008 and having no other alternative your applicant No.2 moved an application before ‘The Hon'ble Iligh Court at Calcutta, being WPST No. 1049 of 2008 which was taken up for hearing on 31.07.2008, wherein The Hon'ble Court passed an interim order upon hearing the Learned Counsels for the respective parties and passed inter-alia the following order “Having heard the learned counsel for the parties and having gone through the paper produced before us we find that interview is already over, However, the formation of panel and follow up action are yet to be taken, Since an allegation has been made as against the selection process, it goes to the very root of the matter. Hence, considering the balance of convenience and prima-facie case made out, we pass the following interim order: Let the selection process following interview may be taken, if so advised, in accordance with law. However, such steps will abide by the order which might b passed by the leamed Tribunal on 8th i if September, 2008 if the matter is talven up for hearing om that date, i 1, then on a subsequent date. This interim order will continue till not6 34 by the Jearned Tribunal whichever is earlier.* Photo copy of the said advertisement of 2008 is annexed hereto and marited with the letter ag P-1 8. That your petitioners state that this Hon'ble Tyibunal, fnatly disposed off the Original Application being O.A. No. $811 of 2008 on 09.09.2011, inter-aiia holding therein, feason tO remove all controversy in future, we will direct the it provision for ge relaxation for Sxceptionally quakified candidates as per extant rules," Although this Hon'ble Tribunal in concluding part of the order has held “In view of ovr discussion, at this stage, we find no meri in the Original Application as well as in the prayer of the added applicant Mr, Kbrisnendu Saha, and we, therefore, dispose of the Original Application and the case of the added applicant without any order as ‘0 cost." Your applicant states that although the said application was Gismissed but certain observation as well as certain direction were Passed by which it can be construed that the said advertiscinent of 2008 was not in parumateria with the Recruitment Rules framed by the State Respondents for appointment to the post of Lecturers in Government Homoeopathic Medical Colleges and Hospitals. We hold after hearing the Ld. advocates of all the side that even if there was no clause relating to age relaxation, the petitioners have casily filed application claiming such relaxation with reference to parent Rule of 1983. Advertisement provided that those who are declared as eligible1 3% by the government of India for the post of lecturer in the government Homeopathic Medical Colleges & Hospital could apply. We, however after going through the parent Rule of 1983 & going through the advertisement itself & for this reason to remove all controversy in future, we will direct the appointing authority te make explicit provision for age relaxation for exceptionally qualified candidates as per extant rules. ‘To sum up from discussion when we hold that there is nothing to challenge the constitutional validity of the Act of 2007, we gbserved that the petitioners are not entitled to get any relief regarding continuation of office by the 29 persons andl at the same time they cannot call in question the appointment of those persons who were recruited following the advertisement of June 2008. Photo copy of the order dated 09.09.2011 passed in U.A. No. 5811 of 2008 is annexed hereto and marked with the Letter -'P-2'. 9, That your petitioners state that that apart another OA No. S$ of 2009 was filed before the Learned West Bengal Administrative ‘Tribunal challenging the advertisement published in the newspaper holding a fresh selection process as well as regularization of the medical Officers in the post of Lecturers 10, That your petitioners state (hat against the said rejection of the Ld, West Bengal Administrative ‘Tribunal another set of Petitioners ‘named as Mr. Debabrata Kundu & Anr challenged the same and filed a WEST no. 246 of 2011 before the Hon'ble High Court.Be 8 a6 i 11. That your petitioners state that the aforesaid WPST No. 246 of ne 2011 was taken up for hearing by the Hon'ble Division Bench of , Caleutta High Court on various dates ic. on 02.11.2011, 08.11.2011 and 29.11.2011 and passed an elaborate order in respect of different issues . Photocopy of the order dated 02.11.2011, 08.11.2011 and : 29.11.2011 passed in WPST 246 of 2011 is annexed hereto and : marked with, the letter as P-3. 12. that your petitioners state that those are selected candidates in the selection process & their service were regularized as Lecturers, among them Mr. Netai Ghosh & Ors challenged the said order dated 02.11.2011, 08.11.2011 and 29.11.2011 passed in WPST 246 of 2011 before the Hon’ble Supreme Court ‘being Civil Appeal no. 3335 of 2017. 13, That your petitioners state that the said civil appeal no, 3335 of . 2017 was taken up for hearing by the Hon‘ble Supreme Court and on 29.08.2017 afler hearing the respective Parties was interalia disposed of the same by passing an elaborate order Photocopy of the said order dated 29.08.2017 passed in civil appeal no, 3835 of 2017 is annexed hereto and marked with the letter as P-4. 14. That your petitioners stale that so far third issue is concerned which was decided by the Hon'ble High Court in respect of WPST 246 of 2011 are as follows “ as per provisions of section: 21 the State was - ‘also entitled to appoint teachers on regular basis. Hence the advertisement published on June 28, 2008 does not offend any of the eqn9 at provisions of the said Act, 2002 or the Rules framed there under. It ‘would have been better, the state would provide appropriate relation clause, The Tribunal already directed them to mention such clause in the subsequent advertisement on the score. [AND in the fourth issue is concerned it has been observed by tne Hon'ble Division bench of Calcutta high court that “the petitioners have crossed theit age fn view of the pendency of the 008 advertisement and the protected litigations. It is for the siaie legislature lo consider their fale in a peculiar clvcumsianse as to whether they could be given appropriate age relaxation even beyond forty years. The court of law however js not entitled to give any direction on that score; we only observed that the government: should Jook into the aspect digpassionatcly. In case the petitioners gets appropriate relaxation of age if they qualify for the post they should be considered in the next recruitment process for the existing vacancies including those twenty nine vacancies that would be arising in view of the forgoing judgment &order. 16, That your petitioners state that thereafler & selection process was initiated by the respondent no. V) Le., The Secretary & Controller of fxaminations, West Bengal Health recruitment Board for filling uP the post of Homoeopathic Lecturer and The West Bengal Health Reeruitment Board invites on line applications from eligible \ candidates for recruitment of 33 (Thirty three} Post of Homoeopathic Lecturer under West Bengal Momeenpathic Fducation Service in 4 (four) Govt. Homocopathie Medical College ‘ Hospital throughout the West Bengal under Health & Family Welfare Department. AYUSH BRANCH, Government of West Benga! and to that effect anadvertisement dated 16.10.2023 was published in the website of the West Bengal Health recruitment Board whereby it has been mentioned that only online registration and oubmission of application will be allowed at the official website of WBHRB (vurw.wbnrbin) from 17.10.2029 (10.00 Am to 17.11.2028 (02.008 } details of the eligibility, scale of pay , other conditions ‘advertisement etc, will be available in West Bengal Health recruitment Board ic., www whhrb.in Photo copy of the said advertisement date 16.10.2029 published in the official website of WBHRB (www.wbhrb.in) and link thot opened are annexed hereto and marked with the etter as P-5, collectively. 16, ‘That your petitioners state that in terms of the said advertisement your petitioners made their best efforts for making, online registration and submission ef their application at the official website of WBHRB (ywww.wbbrb.in) but the said official website is not open for online registration and submission of application which compelling them to apply for offfine and accordingly both the petitioners submitted their application before the Secretary & Controller of Bxaminations, West Bengel Health reeruitment Board and the same was duly accepted by the authority concerned. | photocopy of the said application for filing wp for the post of Lecturers along with the postal receipts are annexed her.io and marked with the letter as P-G, collectively 17, That your petitioners state that that even in the amended provisions of 2007, it was made clear that the terms and conditionsu 29 as contained in the Homoeopathy (Minimum Standard of Education) Regulations 1983 of The Central Council of Homoeopathy shall remain in force and in such manner as described in the seid Regulation of 1983, This provision was brought in by amending provisions of Section 21 of the parent Act. Ht is also pertinent to mention herein that the Homocopathy (Minimum Standard of Bducation) Regulations 1983, clearly stipulates of giving relaxation of 5 years to those candidates who are exceptionally qualified persons having Post ‘Graduation Degree in Homoeopathy ‘and must have Profesional Experience of 4 years. It is pertinent t0 mention herein that your petitioners are having all the requisite qualification and experience as mentioned hereinabove, Your petitioners pray crave to produce all Copies of West Bengel Homoeopathy Health Service Act 2002 (amended) as well as further amendments made thereto in the year 2003, 2006, 2007 and the Homoeopathy (Minirvam Standard of Education) Regulations 1983, at the time of hearing if necessary required. 1g. That your petitioners state that in terms of the aforementioned Rules and Regulations as well as the direction dated 09.09.2021 passed in O.A. No, S811 of 2008 as well as the order dated 92.11.2011, 08.11.2011 and 29.11.2011 passed in WPST 246 of 2011 the petitioners should get @ fresh chance in the subsequent selection process. 19, That your petitioners state that the petitioners ave crossed their age in view of the pendency of the 2008 advertisement and the protected litigations. 1¢ is for the state jegistature (o consider their2 4o fate in a peculiar circumstance as to whether they could be given appropriate age relaxation even beyond forty Yet: ‘The court of law however ig not entitled to give any direction on that score: we only gbeerved that the government should lool into the aspect aispassionately- im case the petitioners gets appropriate relaxation of age if they quality for the post they should be considered in the next veeruitment process for the existing vacancies including those twenty nine vacancies that would be arising in view of the forgoing judgment & order, and hence new cause of action arose and accordingly they should be considered for their online registration so that the petitioners can submitted their application within prescribed period. 20. That your petitioners state that the respondent authorities itegally and arbitrarily not allowing the petitioners for making online registration and submission of application for filing up Ure post of Homoeopathic Lecturer and The West Bengal Health Recruitment Board invites on line applications from eligible candidates for recruitment of 33 (Thirty three) Post of Homoeopathic Lecturer under west Bengal Homoeopathic Education Service in 4 [four] Govt. Homoeopathic Medical College & Hospital throughout the West Bengal under Health & Family Welfare Department. AYUSH BRANCH, Government of West Bengal most erroneously, and arbitrary manner. 21, ‘That your petitioners state thet right of application for ‘employment for the post of lecturer under the Government Cellege in accordance with law cannot be denied LALr aL 22, ‘That your petitioners state that your petitioners fulfil all the requisite qualification for appointment as Lecturer in Pharmacy, but, was illegally denied to participate in the aaid recruitment process, in the pretext of being overnged. It in pertinent to mention herein that n the advertisements were the Regulations of 1983 speaks of age the recruitment rules as well as the essentials 2s mentioned relaxation, the same was purposely overlooked by the respondent authorities just to deny your petitioners their legitimate right of being appointed. The petitioners further state that they made several representations before the respondent authorities ventilating their grievances, but, ‘nothing fruitful yielded as of now. 23. ‘That the petitioners have no other adequale alternative, cffgncious end speedy legal remedy other than thet prayed for hereinabove and the same, if granted, shall give complete relief to your petitioners. 24. That the petitioners have no other adequate alternative, xd for cffcacious and speedy legal remedy other than thet, Pi hereinabove and the same, if granted, shell give complete relief to your applicant and unless an appropriate order is to be passed in respect of the subject matter in the event your writ petitioners will be non suii from the subject premises concerned and the instant writ petition would be in fractious. a5, Thus being aggrieved by and dissatiofied with the perported action of the respondent suthorities your Pedioners bege to move before the Hon'ble high Court at Calcutte in exercise of its